Implementation of a Decision in Court

Firegaurd

I have recently brought a claim against a former employer to the Labour relations court and had a decision in my favour with a compensation awarded.
(Terms and Conditions of employment not provided)

Along with the decision I received a guideline about the implementation of the decision.

"Where an employer has not implemented the Decision, and no appeal has been lodged within the specified time, the claimant, the claimant's trade union, or where appropriate the Minister for Enterprise Trade and Employment on their behalf, may bring a the Decision to the Circuit Court or, persuant to the Terms of Employment (Information) Act, the District Court for implementation"

The time period is almost up and I haven't received the compensation from my previous employer. I assume I have to bring this to the district court for implementation.

How do I go about this preferably without having to employ a solicitor ?

Any help or advice greatly appreciated.

Kosseegan

Is the employer a company or individual? Was the award more than 2K?

Firegaurd

The employer is a company and the award is under 2k.

Milk & Honey

Firegaurd wrote: »

The employer is a company and the award is under 2k.

Is it more than €1,269.74?

Firegaurd

Yes its over €1269.74

Milk & Honey

One thing you could do is threaten a wind up under the Companies Acts. Has been know to work.

Firegaurd

Milk & Honey wrote: »

One thing you could do is threaten a wind up under the Companies Acts. Has been know to work.

what is that roughly ?

Milk & Honey

Milk & Honey wrote: »

One thing you could do is threaten a wind up under the Companies Acts. Has been know to work.

Other than the fact that legal advice is not permitted here, and this is pretty clearly legal advice, it is made even worse when it is bad legal advice.

Petitioning to wind up a company is not a debt collection mechanism. If you're found to be using it as such you could be accused of abuse of process and have a costs order made against you.

While in practice some people think of it as a debt collection mechanism it simply is not the case and Laffoy J makes regular reference to that fact on a Monday morning. There's also the fact that in order to wind a company up you need a liquidator to consent to do it and you'll probably need to indemnify them. If the company did then go into liquidation it could cost the Petitioner a LOT more than 2k.

Milk & Honey

Deleted User wrote: »

Other than the fact that legal advice is not permitted here, and this is pretty clearly legal advice, it is made even worse when it is bad legal advice.

Petitioning to wind up a company is not a debt collection mechanism. If you're found to be using it as such you could be accused of abuse of process and have a costs order made against you.

While in practice some people think of it as a debt collection mechanism it simply is not the case and Laffoy J makes regular reference to that fact on a Monday morning. There's also the fact that in order to wind a company up you need a liquidator to consent to do it and you'll probably need to indemnify them. If the company did then go into liquidation it could cost the Petitioner a LOT more than 2k.

What is even worse is someone wanting to show off how many company law articles they have read. There is a difference between threatening and actually petitioning. A 21 day letter has in numerous cases got the money out of the employer.
In any case there is a judgement in favour of the putative petitioner so it is perfectly in order to threaten. There is no bona fide defence and he would be entitled to a wind up order ex debito justitiae on proof of a properly served demand.

Firegaurd

Thanks for the advice. I have read a bit on how to persue that avenue. Obviously I will have to engage a solicitor to write the letter to threaten this. As the amount is less than 2k I wouldnt want to be handing out any substantial portion of that. Would these costs be retrievable ?

If I was to engage a solicitor would it be more beneficial to persue it through the district court where I assume I could seek costs in addition to the already awarded amounts ?

Or alternatively as the amount is awarded already and as the LRC case was undisputed would it be advisable to attempt to persue it through the district court without representation given that I represented myself at the LRC.

blueythebear

Firegaurd wrote: »

Thanks for the advice. I have read a bit on how to persue that avenue. Obviously I will have to engage a solicitor to write the letter to threaten this. As the amount is less than 2k I wouldnt want to be handing out any substantial portion of that. Would these costs be retrievable ?

If I was to engage a solicitor would it be more beneficial to persue it through the district court where I assume I could seek costs in addition to the already awarded amounts ?

Or alternatively as the amount is awarded already and as the LRC case was undisputed would it be advisable to attempt to persue it through the district court without representation given that I represented myself at the LRC.

An obvious question but, have you checked that the employer is still in existence? You'll be on to a lost cause if the company is already wound up.

If not, a threat of a wind up does tend to get results or else you can get enforcement in the District Court and register a judgment against the company. The cheapest option is a solicitor's letter threatening a wind-up of the company. However, bear in mind that this is not a guaranteed solution and an actual windup of the company could be worth nothing to you. Speak to a solicitor.